Recognizances (Forfeiture) Ordinance 1861 (WA)

WESTERN AUSTRALIA

ANNO VICESIMO QUINTO

VICTORI.E REGINYE

No. 5

An Ordinance for the more speedy Levying of forfeited

Recognizances. [Assented to 18th November, 1861.

HEREAS it is expedient to improve the Practice for the Preamble

by His Excellency the Governor of Western Australia and its Depen-WRecovery of forfeited Recognizances : Be it therefore enacted

dencies, by and with the advice and consent of the Legislative Council

thereof :-

1. That the Registrar of the Supreme Court shall, and he is Registrar of

hereby required and enjoined, within fourteen days after each sitting lur.Murie„cAtof the said Court, to return under his hand to the Chief Justice for the 14 days qter

time being one complete abstract of all recognizances, sum or sums of Z;Vb7,1,',41,Vithe

money forfeited in the said Court, as well as those that may have been Tiler tficei,

certified as forfeited by or before any Justice or Justices of the Peace ; 7:lerteed

and the said Registrar of the said Court shall, within fifteen days after Biza"ces

the rising of the said Court, send a copy of such abstract, with a writ

25 VICTORI2E. No. 5

Forfeiture of Recognizances, <6c.

after the risingform and effect in the Schedule marked A, to the Sheriff, which shall	Within 15 days of distringas and capias or fieri facias and capias, according to the
of the Court
Registrar shall be the authority to such Sheriff to proceed to the immediate levy and
send copy of ab-
stract with a recovery of such recognizances, sum or sums of money, on the goods
writ to sheriff to and chattels, lands and tenements, of such several parties, or for taking
levy such recog i -
nisances, esc. , as into custody the bodies of such persons in case sufficient goods and in Form A chattels, lands and tenements, shall not be found whereon levy can be

made for recovery thereof ; and every person so taken shall be lodged in the common gaol until the next sitting of the said Court, there to abide the judgment of the said Court.

Party against 2. Provided always that if any person on whose goods and chattels,

when i to levy any such

security for his forfeited recognizance or sum of money to be paid in lieu or satisfac-

ranerax isci!tfitng Hon thereof, shall give security to the said Sheriff for his appearance

there to abideat the next sitting of the said Court, then and there to abide the	of the Court,
its decision, and decision of the said Court, and for the payment of such forfeited
fteerg isl,lat; 11,. recognizance or sum of money in lieu or satisfaction thereof, together
choice him from with all such expenses as shall be ordered and adjudged by the Court,
custsay it shall be lawful for such Sheriff, and he is hereby authorised and required to discharge out of custody such person so giving security :
Proviso for non- Provided also that in case such party so giving security shall not
appearance appear in pursuance of his undertaking, it shall be lawful for the

Court forthwith to issue a writ of distringas and facias or fieri facias and cavias against the surety or sureties of the person so bound as aforesaid.

Court Oh appeal	3. That the said Court before whom any person so committed to
of party in its

discretion to	gaol or bound to appear shall be brought is hereby authorised and
order discharge
of forfeited re.	required to inquire into the circumstances of the case, and shall, at its
cognizance, Sm.	discretion, be empowered to order the discharge of the whole of the forfeited recognizance or sum or sums of money paid or to be paid in lieu or satisfaction thereof ; and such order shall be made in form or to the effect of the Schedule marked B, and shall be signed by the said Registrar of the said Court, which said order shall be a discharge to such Sheriff on the passing of his accounts ; and it shall and may be lawful to and for the said Court to awari such costs, charges and expenses to be paid by either party to the other as to the said Court shall seem just and reasonable.

A. E. KENNEDY,

GOVERNOR AND COMMANDER-IN-CHIEF.

SCHEDULE A

FORM OF WRIT

Western Australia.

VICTOMA, by the Grace of God, of the United Kingdom of Great Britain and

Ireland, Queen, Defender of the Faith, &c.

To the Sheriff of 'Western Australia and its Dependencies.

Greeting : You are hereby required and commanded that you omit not by reason of any custom or practice, but that of all the goods and chattels, lands and tenements of all and singular the persons in the several abstracts to this writ annexed, you cause to be levied all and singular the debts and sums of money

25 VICTORDE. No. 5

Forfeiture of Recognizances, cee.

upon them in the same abstracts severally imposed and charged, so that the money may be ready for payment at the next sitting of the Supreme Court, to be paid over to the Colonial Treasurer for the time being, and if any of the said several debts or sums of money cannot be levied by reason of no goods or chattels, lands or tenements being to be found belonging to the parties, then in all cases that you take the bodies of the parties refusing to pay the aforesaid debts and lodge them in the Common Gaol, there to await the decision of the Judge at the next Court, unless the parties shall give sufficient security for their appearance at the next Court, for which you will be held responsible ; and have you there this Writ.

Witness our Chief Justice of our said Colony at Perth, the

day of , in the year of our reign.

SCHEDULE B

Do= OF ORDER

To the Sheriff of Western Australia and its Dependencies.

Whereas hath appeared before the Supreme Court, held at the

Court House, at Perth, on the day of having forfeited

the sum of and having made it appear to the satisfaction of the said

Court that he should be relieved from the payment of the said sum of

(or if the penalty is mitigated, state from part thereof), you are therefore hereby

required to discharge the said sum of from the Estreat loll

or abstract delivered to you after the Court held on the day of

, for which discharge this Warrant shall be your authority, and shall exonerate you from the said charge on the passing of your accounts.

By order of the Court.